Dioguardi v. Durning

139 F.2d 774 (2d Cir. 1944)


Dioguardi (P) was acting in pro per. P was an importer of medicinal tonics from Italy. The tonics P was importing somehow found their way to sale at a public auction. P stated in a complaint, in an inadequate manner, that the Collector of Customs at the Port of New York (D) had converted two cases of bottles belonging to P and that a public auction which Durning (D1) held to sell items was illegal because it did not comply with 19 U.S.C.A. Section 1491. P claimed that he was the first bidder at $110 and that D1 sold the goods to another party at the same price. P asked for $5,000 in damages. The court granted D1's motion to dismiss for a failure to state facts sufficient to constitute a cause of action. P was allowed to amend his complaint. D moved again, and the court then made a final judgment dismissing that complaint. P appealed that judgment.